Yonkers man acquitted of felony weapon charge

A homeless man in Yonkers, Orrin Tunstall, was found not guilty of a felony gun charge. Jurors decided he had found a loaded gun near a park, rather than intentionally possessing it. The jury reached their verdict on March 18. Tunstall, 61, was acquitted of second-degree criminal possession of a weapon and a misdemeanor drug charge. However, he was convicted of a lesser drug-related charge for having a glass pipe in his car. Tunstall was discovered with a 9mm Taurus on October 20, 2023. He told police he found the gun in the parking lot of War Memorial Field. He planned to turn it in to receive a $500 reward for surrendering a firearm. Tunstall lived in his car with his girlfriend and admitted to past drug addiction but stated he was sober the day he found the gun. The defense argued that Tunstall's possession of the gun was temporary and lawful. Tunstall's lawyer, Kate Wasserman, criticized the police for their investigation. She claimed the detectives did not investigate Tunstall's story due to bias and failed to look for possible video evidence. Assistant District Attorney Elizabeth Shumejda maintained the gun belonged to Tunstall, pointing out that a magazine matching the gun was found in his car. She argued that if he had truly found the gun, he should have reported it to the police immediately. Tunstall faced a significant prison sentence if convicted. He could have received a minimum of 3½ years and up to 15 years for the gun charge. Now, he awaits sentencing for the drug conviction scheduled for June 18, while remaining free on bail.